ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY MYWISHBOARD LTD THROUGH THE WEBSITE LOCATED AT: HTTP://MYWISHBOARD.COM AND APPLICATIONS. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH MY WISH BOARD LTD AND USE OF THE SERVICES PROVIDED THROUGH THE MYWISHBOARD WEBSITE AND APPLICATIONS. MY WISH BOARD LTD HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPLICATIONS INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE, SERVICES.
Acceptance of Terms of Service
These Terms of Service (the “Agreement” or “Terms of Service”) are a legally-binding agreement between you, either an individual or an entity (“you” or “user”), and My Wish Board Ltd., regarding use of the website located at: http://mywishboard.com (the “Website”), one or more MyWishBoard’s Applicationss for various mobile platforms (“Applicationss”) , and the Services provided through the Websites and/or Applicationss, as defined below. MyWishBoard makes the Website, Applications and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, Applications and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website, Applications and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website and/or Applications.
If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website, Applications or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction concluded through the Website, Applications or Services, then you should NOT use the part of the Website, Applications or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future MyWishBoard Service, Applications or visit the Website or obtain any products or services, whether free of charge or for payment, provided by MyWishBoard, you will be subject to the guidelines and conditions applicable to such products or services.
MyWishBoard From time to time, we may find the need to make changes to these Terms of Services. Upon notice given by one or more of the following means: upon notice given to you after you login to your Account, by email communication to the email address provided by you when you setup your Account or otherwise on record for your Account, or by written mail communication to the address on record for your Account. You will be given the opportunity to opt-out, provided that, if you choose to opt-out all or part of the Service may no longer be available to you.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website, Applications and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
MyWishBoard reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice. MyWishBoard also reserves the right to terminate or restrict your access to the Website, Applications and Services or any portion thereof for any reason whatsoever at its sole discretion.
You hereby acknowledge and agree that your login, number, name, , links to your third party social networking services, including Facebook, VKontakte, Twitter and/or Odnoklassniki (collectively, “SNS”), and profile picture may be publicly available to other users and some search engines may index your name and profile photo.
During the Account setup process, you may be required to select a specific username and password (“Login Information”). The following rules govern the security of your Login Information:
MyWishBoard reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to claims by a third party that your username violates such third party’s rights.
The following restrictions and conditions apply to the use of the Website and/or Applications and creating and maintaining an account (an “Account”):
Description of Services
Dream together with your friends. Whether you're looking for a fellow traveler to the USA, want feedback on your new haircut, or advice about buying new shoes - MyWishBoard is your choice. Just create a wish list and invite your friends from social networks. MyWishBoard prices and available services are subject to change without notice. Accordingly, please visit our Website regularly to learn about new and exciting services and applications.
MyWishBoard may also provide you with Internet Wallet Services (“IWS”). IWS shall be virtual banking card “VISA” that shall be issued with partnership with “Probusinessbank” www.prbb.ru, Fidor Rus LLC https://www.fidor.ru/ and CJSC LifePay www.life-pay.ru (“IWS Partners”). IWS allows users to aggregate and accumulate moneys.
To this effect MyWishBoard has to verify and authorize mobile number and other personal information of user including but not limited to name, surname and personal email of user that from time to time may be required under applicable laws (“Personal Information”) in a way that shall be determined by MyWishBoard. Personal Information can be transferred by MyWishBoard to IWS Partners for the purposes of IWS providing.
IWS can have some restrictions that can be changed from time to time depending on requirements of applicable laws, regulatory authorities or internal orders and politics of MyWishBoard and (or) IWS Partners.
MyWishBoard shall be entitled at its sole and absolute discretion and (or) at requirements of regulatory authorities to suspend and discontinue IWS providing and (or) block user’s Account for some time that shall be dammed as necessary or advisable.
IWS may provide user with special bonus programs regulated by appropriate terms that are being approved by MyWishBoard together with partners under such bonus programs.
You agree to use the Website, Applications and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. MYWISHBOARD IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, APPLICATIONS AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website, Applications and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where MyWishBoard is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Use of the Website, Applications and Services
You agree not to access (or attempt to access) the Services by any means other than those provided by MyWishBoard or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, Applications or Services (or the servers and networks which are connected to the Website, Applications or Services).
Further, you agree:
Information and Materials Provided By You
Terms and Termination.
The term of these Terms of Service (“Terms”) shall begin when you start using the Website, Applications or Services and shall continue in perpetuity unless otherwise terminated by MyWishBoard or you by written notice. MyWishBoard reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using the Website, Applications and the Services including without limitation any use of MyWishBoard’ trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE MYWISHBOARD WEBSITE, APPLICATIONS OR SERVICES IN ANY WAY.
Links to Other Sites; Third Party Materials and Transactions
The Website, Applications and Services include links to other Websites and/or third party products and that are not under MyWishBoard’s control (collectively, “Third Party Materials”). MyWishBoard shall not be responsible in any way for such Third Party Materials. MyWishBoard provides such links only for the convenience of the users of the Website, Applications and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by MyWishBoard of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
You acknowledge and agree that the Services provided through this Website and/or Applications, among other things enables you to purchase third party products and services (each a “Transaction”). You acknowledge that all Transactions are between you and third party, and that MyWishBoard is not a party to any such Transactions. You further acknowledge and agree that MyWishBoard is not responsible for the quality, or any other aspect of services of any artist and shall not have any liability or responsibility to you or any other third person therefor. You acknowledge and agree that any dispute regarding the Transaction shall be between You that third party, and not against MyWishBoard.
Copyright, trademark and all other proprietary rights in the Website, Applications, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with MyWishBoard and/or its licensors. Unless otherwise specifically provided herein or authorized by MyWishBoard in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Applications or Services, other than in conjunction with the Services offered by MyWishBoard through the Website and/or Applications.
MyWishBoard hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website and/or Applications are the properties of their respective owners. MyWishBoard disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MYWISHBOARD HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, APPLICATIONS, SERVICES OR THE CONTENT. MYWISHBOARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE APPLICATIONS, WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. MYWISHBOARD DOES NOT WARRANT THAT THE APPLICATIONS, WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS APPLICATIONS OR WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY MYWISHBOARD ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by MyWishBoard in writing, contractors, agents, dealers or distributors of MyWishBoard or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, APPLICATIONS OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. MYWISHBOARD ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE, APPLICATIONS OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE AND/OR APPLICATIONS. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYWISHBOARD OR FROM THE WEBSITE AND/OR APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website, Applications and Services may contain references to specific MyWishBoard products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website, Applications and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, Applications and Services at your own risk.
IN NO EVENT SHALL MYWISHBOARD OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, APPLICATIONS OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, APPLICATIONS OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATIONS THAT ARE DELAYED OR INTERRUPTED, EVEN IF MYWISHBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST MYWISHBOARD PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATIONS AND SERVICES MUST BE COMMENCED AND NOTIFIED TO MYWISHBOARD IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO MYWISHBOARD IN CONNECTION WITH THE WEBSITE, APPLICATIONS AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MYWISHBOARD; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND/OR SERVICES AND THAT IS NOT PROVIDED BY MYWISHBOARD DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all items sent, received, downloaded, or purchased from the Website, Applications and Services may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Website, Applications and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Notice and Procedure for Making Claims of Copyright Infringement
It is MyWishBoard policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyWishBoard Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying MyWishBoard and its affiliates that your copyrighted material has been infringed.)
MyWishBoard’ Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Name: Dmitri I. Dubograev, Esq.
Address: 901 N. Pitt St., Suite 325, Alexandria, VA 22314
Unlawful or Prohibited Use
You may not use the Website, Applications or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website, Applications or Services. You may not use the Website, Applications or Services in any manner that could damage, disable, overburden, or impair the Website, Applications or Services, or that interferes with any third party’s use and enjoyment of the Website, , Applications or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website, Applications or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by MyWishBoard to all users of the Website, Applications or Services. You shall not institute, assist, or become involved in an attack upon any MyWishBoard server or otherwise attempt to disrupt the MyWishBoard servers. ANY ATTEMPT BY YOU TO DAMAGE MYWISHBOARD’ SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF MYWISHBOARD IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, MYWISHBOARD RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless MyWishBoard, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to the Website
Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page on the Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that MyWishBoard endorses or sponsors the linker or it’s Website, products or services. You must not use MyWishBoard’ intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from MyWishBoard. Furthermore, you agree to remove the link at any time upon MyWishBoard’ request.
Ending Your Relationship with MyWishBoard
These Terms of Service will continue to apply until terminated by either you or MyWishBoard or as otherwise provided by the applicable agreement between you and MyWishBoard. MyWishBoard reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to MyWishBoard whatsoever.
You are solely responsible for cancelling your User Account, which you may do by contacting MyWishBoard at: firstname.lastname@example.org
MyWishBoard may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without MyWishBoard’ prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If the Website, Applications and Services are not available for any period or any time, MyWishBoard shall not be liable. MyWishBoard gives no warranties as to the accessibility, performance, or availability of the Website, Applications or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. MyWishBoard reserves the right to suspend the operation of the Website, Applications or Services. You agree that neither MyWishBoard nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the Services and products on the Website and/or Applications.
MyWishBoard will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of MyWishBoard.
Agreement to Deal Electronically
All transactions with or through the Website, Applications or Services may, at MyWishBoard’ option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website, Applications or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause MyWishBoard immediate and irreparable harm and damages. As a result, MyWishBoard has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to MyWishBoard in law or in equity, MyWishBoard may seek specific performance of any term in these Terms of Service.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of British Virgin Islands without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the Applications of which is expressly excluded.
MyWishBoard does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2014 MyWishBoard Ltd. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of MyWishBoard Ltd. and/or its licensors and protected by copyright laws and international intellectual property treaties. MyWishBoard™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of MyWishBoard Ltd. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the MyWishBoard Ltd. or third party trademarks or logos without the prior written consent of MyWishBoard Ltd. or the applicable trademark owner is strictly prohibited.